Voting On Laws: The American Experience

Voting rights in the United States are governed by the United States Constitution and federal and state laws. While no American is legally required to vote in any local, state, or presidential election, federal laws have been passed over the years to protect the right to vote and make it easier for citizens to exercise that right. These laws include the Civil Rights Acts, the Voting Rights Act of 1965, and the Voting Accessibility for the Elderly and Handicapped Act of 1984. The Help America Vote Act of 2002 authorized federal funding for elections and created the U.S. Election Assistance Commission to help states adopt minimum standards for voter education, registration, and ballots. Despite these protections, challenges to voting rights persist, with efforts to suppress the vote, particularly among underrepresented populations, and the continued existence of strict voter identification laws and racial gerrymandering.

Voting isn't mandatory in the US

In the United States, no law requires citizens to vote in any local, state, or presidential election. While amendments to the U.S. Constitution and the Voting Rights Act have strengthened voting rights, there is no legislation mandating that Americans cast their ballots. This stands in contrast to several other countries where adult suffrage is compulsory.

The absence of mandatory voting in the U.S. can be attributed to various factors. Firstly, the U.S. values individual freedom and choice, and some argue that forcing citizens to vote would infringe on their rights. Secondly, the country's size and varying local conditions play a role. Some areas have long lines and limited polling places, making it inconvenient for citizens to vote. Certain states and regions intentionally reduce the number of polling areas, which can result in hours-long waits to cast a ballot. This inconvenience may deter people from voting, especially those with busy schedules or transportation challenges.

Another factor contributing to the non-mandatory nature of voting in the U.S. is the historical context of voter suppression. Throughout history, certain groups, such as Black Americans and Native Americans, have faced significant barriers to voting due to discriminatory state laws and practices. While amendments to the Constitution have extended voting rights, the implementation and enforcement of these protections vary across states, and Congress often falls short of ensuring their effectiveness.

Additionally, the U.S. electoral system itself influences the non-mandatory nature of voting. The country's two-party system and the Electoral College play a role in shaping the voting landscape. The Electoral College, in particular, allows state legislatures to cast Electoral College votes without a popular vote, further complicating the relationship between voting and the ultimate election outcome.

While voting is not mandatory in the U.S., it is essential to recognize that the country has made significant strides toward expanding voting rights. Amendments to the Constitution, such as the Fifteenth, Nineteenth, and Twenty-sixth Amendments, have explicitly prohibited the abridgment of voting rights based on race, color, previous servitude, sex, or age (for those 18 and older). These amendments represent a commitment to inclusivity and democracy, even if the practical implementation of these ideals varies across the country.

Voting rights are protected by federal law

The Fifteenth Amendment, passed in 1870, gave African American men the right to vote, though many were still unable to exercise this right due to barriers imposed by certain states. The Nineteenth Amendment, ratified in 1920, extended the right to vote to women, and the Twenty-fourth Amendment, ratified in 1964, eliminated poll taxes, which had been used to disenfranchise African Americans. The Twenty-sixth Amendment, ratified in 1971, lowered the voting age to 18 for all elections.

Federal laws such as the Civil Rights Acts of 1870 and the Voting Rights Act of 1965 also created protections against discrimination in voting. The Voting Rights Act prohibited voter discrimination based on race, colour, or membership in a language minority group, and required certain places to provide election materials in languages other than English. It also addressed accessibility for elderly and disabled voters, requiring polling places to be accessible to those with disabilities. Additionally, the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) of 1986 and the Military and Overseas Voter Empowerment (MOVE) Act of 2010 removed the power of states to control absentee voting regulations for military members, allowing them to vote absentee regardless of their location.

Despite these protections, there have been concerns about a voting rights crisis, with some states enacting laws that make it harder to vote. The Senate has been urged to pass legislation like the VRAA and the FTVA to address this issue and protect voting rights, particularly for vulnerable communities. These proposed laws would require states with a history of discrimination to seek approval from the Department of Justice or a federal court before making changes to election procedures.

Voting rights have been expanded over time

Voting rights in the United States have indeed expanded over time. However, it is important to note that voting rights were very limited when the country was founded. Initially, only white male property owners over the age of 21 were allowed to vote. The original Constitution, which took effect in 1789, did not include an express protection of the right to vote, leaving it to the states to determine voter eligibility.

Gradually, state legislatures expanded voting rights to non-landowning white males. In the 1820s, property qualifications for voting were eliminated, and the 15th Amendment, ratified in 1870, expanded voting rights by ensuring that the right to vote could not be denied based on race. However, this did not guarantee the right to vote for all Americans, and during the Jim Crow era, intimidation, violence, literacy tests, poll taxes, and other tools were used to prevent minority populations in the South from voting.

The Voting Rights Act of 1965 was a monumental piece of legislation that pushed back against these restrictions. It was designed to ensure that state and local governments could no longer pass laws or policies that denied citizens the right to vote based on race and other immutable characteristics. The Act has been expanded several times to provide greater voting access, including in 1975 to protect language minorities, in 1982 to require accommodations for voters with disabilities, and in 1993 to permit voter registration at motor vehicle departments.

Other constitutional amendments have also contributed to the expansion of voting rights. The 19th Amendment, ratified in 1920, ensured that the right to vote could not be denied based on sex. The 24th Amendment, ratified in 1964, prohibited the use of poll taxes or other types of taxes for federal elections. The 26th Amendment, ratified in 1971, stated that citizens aged 18 or older could not be denied the right to vote based on age.

Despite these advancements, challenges to voting rights have persisted, and there has been a counterpush to disenfranchise certain groups. For example, after the 2013 Shelby County v. Holder Supreme Court decision found Section 4 of the Voting Rights Act unconstitutional, several states enacted new laws requiring voter ID, closing polling stations, restricting mail-in voting, and limiting voting hours, which have disproportionately impacted low-income people and racial minorities.

States control voter ID laws

In the United States, eligibility to vote is governed by the Constitution and federal and state laws. While voting is not mandatory, several constitutional amendments require that the voting rights of US citizens cannot be abridged on account of race, colour, previous condition of servitude, sex, or age (18 and older).

Voter ID laws in the US are laws that require a person to provide some form of official identification before they are permitted to register to vote, receive a ballot for an election, or to actually vote in elections. While the federal government requires newly registered voters to provide either a driver's license number or the last four digits of their Social Security Numbers at the time of registration, it is the states that have the power to control voter ID laws. As of 2021, 36 states have enacted some form of voter ID requirement.

State laws requiring some sort of identification at voting polls date back to 1950, but no state required a government-issued photo ID as a condition for voting before the 2006 elections. Indiana was the first state to enact a strict photo ID law, which was followed by Wisconsin in 2011. In the same year, South Carolina Gov. Nikki Haley enacted a law requiring government-issued IDs at the polls, and Rhode Island became the most recent state controlled by Democrats to pass such legislation. However, Rhode Island and Hawaii are "non-strict photo ID states", meaning that, in some circumstances, an affidavit or other legal measure can satisfy the ID requirement.

Some states that require identification allow voters to cast provisional ballots if they do not have the required identification. Several studies have found that voter ID laws have little to no impact on voter turnout or election outcomes. However, opponents of these laws argue that they are partisan and designed to make voting harder for demographic groups that tend to vote for Democrats, such as low-income people, people of colour, younger voters, and transgender people.

Military members can now vote absentee

In the United States, voting rights have been a moral and political issue throughout the country's history. While the U.S. Constitution and federal and state laws govern eligibility to vote, various constitutional amendments have been made to ensure that voting rights cannot be abridged based on race, colour, previous condition of servitude, sex, or age (for those 18 and older).

One notable development in this regard is the ability of military members to vote absentee, regardless of where they are stationed. This right was established through the Federal Voting Assistance Program (FVAP), which provides resources and information to active-duty military personnel and their eligible family members. The program ensures that service members can exercise their right to vote from anywhere in the world.

To facilitate this process, military members can utilise the Federal Post Card Application (FPCA) as a standardised registration and absentee ballot request form across all states. It is recommended to submit the FPCA annually and whenever there is a change of address. Additionally, military members should be aware of the primary election dates in their respective states and the deadlines for submitting ballots.

In cases where the official absentee ballot is not received in time, a Federal Write-In Absentee Ballot (FWAB) can be used as a backup option. This ensures that military members do not miss the opportunity to cast their votes. The voting assistance officer at each installation plays a crucial role in assisting with the absentee voting process, providing the necessary forms and guidance.

Overall, the ability of military members to vote absentee represents a significant step forward in ensuring that those serving their country can actively participate in the democratic process, regardless of their physical location.

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